Tag Archives: david duval
Polar Opposites: David Duval compared with Judge Edith Clement
This morning I saw the second Freeh Report, which basically highlighted David Duval`s departure from the Deepwater Horizon Settlement.
It seems to me that the only chink in Mr. Duval’s armor was an email that he sent to his cousin regarding a panelists comments. Neither Mr. Duval or his cousin had any sort of monetary gain at stake from sending it, or reading it.
As the report noted, Mr. Duval was forthright immediately. As I understand it, he actually told the DWHS Leadership, and I will repeat this again, he had no financial gain whatsoever in sending this email to his cousin who is also an attorney.
He immediately resigned, as sending the email was contrary to an agreement that he had with the leadership of the Deepwater Horizon Settlement regarding confidentiality, and he wanted to avoid any hint of impropriety.
Now lets Compare Judge Clement’s Actions to David Duval’s
Let’s compare what happened to David Duval and how he dealt with it, versus what is going on with Judge Clement and her relationships with Big Oil.
Clement will not Leave the FREE organization (Foundation for the Environment and Economics)
Another opinion on F.R.E.E.
This is sourcewatch.org’s view of the FREE Organization –
Based out of Bozeman, Montana, FREE is a prime engine for free market environmentalism in the area of education.
The chairman, John Baden (a past member of the National Petroleum Council), preaches reliance on market mechanisms and private property rights, rather than on environmental law, for protection of the environment. Baden stresses decentralization – a shift of control from what he calls “Green platonic despots in D.C.” to “local interests.”
In reference to the agenda of FREE, Baden has written that it’s, “the norm among progressive, intellectually honest and successful environmentalists.”
One of the newest FREE plans is the “Charter Forest” project, in which national forests would no longer operate under the “multiple use” standard. Instead, each forest would be managed by whomever could make the greatest profit from it.
FREE has been offering all expense-paid trips to seminars for federal judges.
These seminars which feature such topics as “The Environment: A CEO’s Perspective” are usually held at private ranches or resorts in Montana with a plethora of amenities for the judges to enjoy. In the late 90’s, FREE bragged that nearly 1/3 of the federal judiciary had either attended or was seeking to attend one of their seminars.
The Koch Brother Support FREE:
This is from GREENPEACE
Koch Industries Climate Denial Front Group is the
Foundation for Research on Economics and the Environment (FREE)
GreenPeace reported that FREE received $430,000 from Koch foundations 2005-2011 [Total Koch foundation grants 1997-2011: $1,525,000].
Peter Geddes, Executive Vice President of FREE, has advocated against taking action on climate change because warming is “inevitable” and expensive to address. In addition, FREE sponsors seminars for federal judges that have been criticized for creating judicial conflicts of interest.
It gets BETTER – guess who The Koch brothers do Business with, BP of course.
The Koch Brothers even pollute the environment with BP, just ask the residents on the East Side of Chicago. This was recently documented by the Huffington Post. Here is the article.
So Judge Clement who is a board member of FREE, who takes large donations from the Koch Brothers, who work with BP, and both pollute the environment.
It is Very Very Clear that Judge Clement has a conflict of interest here, she should not be in any way associated with BP. Yet the Companies who fund her organization work closely with BP.
For further clarification of the Junkets for Judges program and Judge Clements TAINTED relationship with FREE click here.
This is from their website
FREE’s mission is to imagine and implement an economic way of thinking that is consistent with a society of free and responsible individuals
In essence they are for deregulation of the Energy and Oil Industrial sector, but they do have a few noble endeavors towards helping wildlife, but don`t let that fool you. This is an organization with a lot of influence that works for Big Oil and their interests.
It is funded by Exxon/Mobil, the Koch Brothers,Texaco, Exxon, General Electric, Monsanto, and Shell. They are the major players in the Oil and Gas Industry.
Judge Clement has a relationship with an organization which she has been asked to step down from by Committee on Codes of Conduct of the Judicial Conference of the United Stated District Court other judges have stepped down from FREE, so that there would not be a conflict of interest. Judge Clement still participates in FREE as a board member
Judge Clement appears to have a long-standing relationship with Big Oil she was appointed to the bench by George W. Bush and we all know he loved big oil. Bush signed the most sweeping bill to deregulate oil in 2005. Judge Clement was assigned to the 5th Circuit in 2001. Do you think that George Bush had an agenda to advance Big Oils interests, YOU BET HE DID.
If you look at Judge Clement’s stock portfolio you will notice that many of her mutual funds have energy stocks within them, she had interest in BP stock until 2009 or so.
If you compare David Duval`s actions and voluntarily resigning, versus Judge Clement’s refusal to recuse herself after a relationship with FREE. They are polar opposite in terms of integrity.
It is clear that Mr Duval has taken the high road while Judge Clement stands firm with Big Oil, and this has negatively impacted the BP Claims Settlement, either by her own ideology which is why Bush appointed her, or because of her relationship with Big Oil or a combination there of.
It is very clear what her next move should be, and it is not hearing the next appeal, but to step down from FREE, and correct any public perception of impropriety .
We want to Hear From You
If you are involved with the DeepWater Horizon Settlement and would like to write a blog for this page please feel free to email us at Kathy@BPClaims.org.
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Written by: Bill Bohack
There is a new disclaimer that has appeared on the DeepWater Horizon Website
In layman’s terms this disclaimer states that the deadline to file all Seafood Compensation claims was January 22, 2013 BUT that if you have a Seafood Compensation claim that has not yet been submitted that you may still file it at this time and it will be reviewed on a case by case basis. There are no guarantees any of these claims will be accepted but claimants will be notified on the outcome of the timeliness review.
We have spoken to Attorneys and other Processors about this and most will NOT be taking these claims on, because of the fact that there are no guarantees they will be accepted by the BP Settlement Fund.
We have spoken to our Network partners and WE WILL BE accepting these claims. Why? Because we feel they deserve every opportunity to get paid. As someone affected by this tragic event very directly, we want to stress that you are the top priority and we will try to help you regardless of the outcome.
If you did not meet the initial deadline, or you know someone who has a claim, but missed the deadline, please forward this to them.
We can Also Assist you with the Following BP Claims:
- Business Economic Loss Claims
- Medical Claims
- Claims that need to be Updated from the GCCF
- Claims that have been Appealed
- Claims that need to be Appealed
- Property Damage Claims
- Individual Claims
- Failed Business Claims
- Claims that are Stalled or have Incomplete Notices from the DeeepWater Horizon Settlement
- Claims that have been Denied from the BP Settlement or the GCCF
Menhaden Fishing Significantly Down
Key figures in the Menhaden Fishing Industry have stated that the fishery is suffering. According to very credible reports given to us at BPClaims.org, the fishery is running around 20%-40% of what it was before the Gulf Oil Spill. This is eerily reminiscent of what happened to the Herring after the Valdez Spill. The fishery seemed stable for 3 years after that spill, and then collapsed. The sad fact is this environmental aftermath is still unfolding. The oil sitting on the bottom of the Gulf of Mexico may continue to cause unforeseen problems for years to come.
DeepWater Horizon Settlement Issues
A vast amount of claimants who contact us do so because they continue to receive incompleteness notices on their case. There are many reasons for these. Deepwater Horizon many times may ask for documentation that you have already submitted. We are not hearing this just from unrepresented individuals and businesses, but also from Attorneys, Processors, and CPA Firms. Professionals in this Industry are unhappy, and making it known to the leadership of the BP Settlement and their liaisons. We sa this in the beginning of the BP Settlement, but have not seen this for some time.
Quite often instead of receiving an incompleteness notice, we receive a phone call from Postlethwaite & Netterville, this is the accounting group that the Deepwater Horizon Leadership has brought in, and they have done an excellent job. We have not had any issues with Postlethwaite & Netterville, when it comes to being asked for documentation that was already submitted. As I understand it from the people I have talked to, Brown Greer was in charge of those particular claims.
Let’s all remember that Ken Feinberg is the one who hired Brown Greer. Who hired Ken Feinberg? By now we know he was not Independent as he originally advertised; he was bought and paid for by BP. Before anyone could tell what the full extent of damage from the spill would be, Feinberg initially promised to begin compensating the affected with Interim Payments. Instead, he offered Quick Pays and many people had no choice but to take a small amount of money and waive their right to sue BP in the future. Many had lost everything they had and were desperate to put food on the table for their families. Over 200,000 Individuals and Businesses took Quick Pays and many of those were given much less than what they should have rightfully received.
For the record, The Claims Administrator inherited Brown Greer. As I understand it, and I could be wrong, their continued involvement was part of the Settlement Agreement, and BP wanted them in play.
To the leadership’s credit, they foresaw issues from the beginning of the Settlement process and got the accounting firm Postlethwaite & Netterville involved. We deal with P&N quite often when processing your claims and have found them to be most helpful.
GCCF Claims Need to be Updated
Think about this, just under a Million Claims were at the GCCF when they transitioned over to the DeepWater Horizon Settlement. We were told that the information from the GCCF would go right over to the NEW and Improved BP Settlement. It did, but what many people don’t understand is that they still need to update that information to meet the terms of the Settlement. This has been seriously frustrating to many of you who think your claim is still Live at the DeepWater Horizon Settlement. In fact, it is not. Your claim will need to be updated to meet the guidelines of Deepwater Horizon Settlement. The only advantage is that much of your documentation is digitally available, which may make it easier to prepare the claim.
BP`s 5th Circuit Appeal
BP is rumored to have asked Prime Minister David Cameron to intervene on their behalf, and I am sure they have, even though they deny it. Most Attorneys that I speak to don’t think there will be ANY changes when this case gets to the 5th Circuit, but my gut tells me otherwise. In looking at past decisions of the 5th Circuit, they have no problem reversing decisions from the lower courts. If you read the writing on the wall, BP is posturing that this settlement could mean the end of them, and they are appealing to the U.K. leadership to ensure that does not happen. If only they spent this much time and energy harboring a corporate culture that did not put money before safety. It has been proven multiple times they do not. BP has a history of putting money before safety.
If BP gets their way in the 5th Circuit, and eliminates multiple categories within the construction, agriculture, marketing/advertising, and professional fields, these industries will become excluded. They will have in essence, rewritten the BP Settlement. If that is to be the case, may I suggest that since the settlement is being rewritten; let’s allow ALL of the people that took Quick Pays to come back into play. If BP truly wants to make things right, as they are stating in their commercials, let’s bring back the Quick Pays and allow them to be reconsidered since they were preyed upon by Feinberg anyway.
Besides the explosion and the environmental catastrophe that followed, Quick Pays are perhaps the most devastating aspect of this event. Good people, mostly those that made their living for generations from the Gulf were the hardest hit. Many had little education and had no idea what they were signing. Feinberg came out with the program around Christmas 2010, but it would not hit high gear until April 2011, one year after the spill.
By that time homes were in foreclosure, boats were being repossessed, and people were desperate for money. The 5k or 25k payments were nothing short of extortion. If BP is going to have the ability to rewrite the settlement, let’s bring Quick Pays back to the table as well. If they’re going to take away, they should give something back in return. Since BP is now stating that the groups that they are trying to exclude were not injured by the Gulf Oil Spill, let’s make sure they help the people that were, and truly make things right, just like their commercials say.
We have the BEST PROCESSORS in the country working on your claims. We handle many of them in house, but also work with several other groups that have an extensive track record of getting claims paid. We handle claims for 15%-25%, there are no hidden fees and we don`t get paid until you do.
Appeals are becoming more and more a part of the DeepWater Horizon Settlement. This is what we have seen, if your Appeal is prepared correctly, and you have the information to support the appeal, the DeepWater Horizon Settlement appeals system spearheaded by David Duval will compensate you what you are owed. NAICS codes have a lot of weight in this equation, but often they are incorrect. Often we are finding that the CPA`s a business used to file their taxes used the incorrect code. There are many variables when it comes to the appeals process, if you need assistance we have a team that specializes in appeals.
Judge Barbier and BP Appeals
Too often lately, people have questioned, are we at BPClaims.org associated with the DeepWater Horizon Settlement Fund because of our stance that the folks who run the fund, and the Judge are actually not in BP`s pockets, and are actually doing battle for you the people.
We aren`t, if you look at past posts we have blasted Feinberg, pointed out the errors of the new fund, specifically a processor we don`t hear much from these days, and aggressively pursue what we think is the TRUTH.
This is the TRUTH. The new leadership of the fund and the Judge are doing the next right thing on a regular basis. Is the system perfect, hell no, but people within the Fund and the Judge are doing their best to get you paid, as BP has tried their best to put up road blocks.
Their Latest road block has been putting BP Claims into Appeals.
Tonight The Judge put forth an Order to STOP that. Here is the important part.
IT IS ORDERED THAT:
1. Upon the filing of an appeal pursuant to Section 22.214.171.124 of the Settlement Agreement, BP shall clearly and specifically designate in the Reason for Appeal section of its BP Portal that the appeal is based only on one or more of the legal issues previously decided by the Court and as referenced in this Court’s Order of April 9, 2013.
2. The required designations to be provided by BP shall use the following specific language regarding the three legal issues referenced in this Court’s prior rulings:
(a) “Contributions/Grant Revenue for Non-Profits issue;”
(b) “Alternative Causation issue;” or
(c) “Matching of Revenue and Expenses issue.”
3. For any appeals so designated, such appeals are hereby denied based on this Court’s prior rulings. The Claims Administrator is instructed to refrain from issuing the Notice of Appeal, which would otherwise trigger the further appeals process, and the Claims Administrator is to refrain from assigning such appeals to an Appeal Panel. The Claims Administrator is instructed to proceed with final processing of such claims and issuing payment in accord with the terms of the applicable Eligibility Notice.
Case 2:10-md-02179-CJB-SS Document 9538 Filed 04/24/13 Page 3 of 3
4. Processing of claims pursuant to this Order shall not constitute a waiver of any rights that BP may or may not have with respect to further review of the underlying legal issues.
Signed in New Orleans, Louisiana, this 24th day of April, 2013.
______________________________ CARL J. BARBIER
UNITED STATES DISTRICT JUDGE
So What Does This Mean
It means the Judge is not going to let BP Appeal Claims, so they can stall paying you, when your claims meet the above requirements. This has been going on for awhile now, and it is BP`s latest stall tactic, and the Judge just took it away, by a court order.
It means faster pay outs, it shows what I have been trying to tell ya`ll for months, and it puts BP on notice, The DeepWater Horizon Settlement, and the people running the show are not to be trifled with, and they ALL have had enough.The fact is they want to pay you, and will, if your claim is prepared properly. The sad fact is, most are not.
BP needs to STOP with the gamesmanship, and start paying claims. Stall tactics through the Appeals system run by David Duval, that will only tax the resources of the Deepwater Horizon Settlement will not be tolerated.
How to Get Paid
Fill out the form to the right, and we will help you. We have the Best Groups in the Business GETTTING CLAIMS PAID and they work with us, and they can work with you. Whether your a business, an individual, a Law Firm or a CPA Firm, the Firms that are a part of our NETWORK are hands down, the best in the business, and they will help you, or your clients.
We can Help You with:
- Business Claims
- Individual Claims
- Appealed Claims
- Medical Claims
- Property Claims
- Denied Claims
- Old Claims from the GCCF
- Claims that need to be Appealed
It has been our intent from the beginning to do one thing, and that is to get you paid.
We have been here since the beginning, we know the pretenders and the performers. If you need HELP it is truly only a click away.
God Bless and Be Well.
Judge Barbier Approves the BP Settlement
If you follow the doomsday theorists, 12/21/12 was suppose to be the end of the world, well, not really, it was the first day of the official BP Settlement. Any connection, probably not, but Judge Barbier did lay a compelling and substantive case as to why The DeepWater Horizon Settlement should move forward. You can read it for yourself here.
There are issues with the settlement, but the fact of the matter is we all just want to see people and businesses get paid, and this is what we have to work with. There was a lot of interesting information in the 125 page document. Most compelling was the Judges rebuttals of the numerous objections raised. The Judge provided his thoughts in great detail as to why he thought certain objections did not have merit, or were basically outweighed for numerous reasons, citing a variety of case law.
I still believe there are issues with the Customer Mix Test and NAICS codes, but much of that can be handled with an Appeal, and we will all see how those Appeals are handled. If David Duval who heads up the BP Settlements Appeals division can get adequate compensation for the BP Settlement Claims that deserve it, and if he is given some latitude in correcting NAICS codes and other assorted anomalies, then I think the BP Settlement is a strong substitute for litigation. We will see how this aspect of the process unfolds, and how much leeway he and his Team are given. There is a lot riding on this aspect of the DeepWater Horizon Settlement Structure.
Seafood Compensation Program (You have 30 Days)
Under the terms of the BP Settlement, people that are taking part of the Seafood Compensation Program only have 30 Days after the Judges approval to present their claim to the DeepWater Horizon Settlement Fund for Approval. That means the clock is ticking and if you haven`t filed yet, you need to.
BP Settlement Numbers
91,000 people had so far filed with DeepWater Horizon Settlement Fund. They expect that number to hit over 1,000,000, hopefully many more will come to the table now that the Judge has formally approved the BP Settlement.
Excluded Claims Have Until January 19th to be Presented to OPA
If you were excluded from the BP Settlement you must have your claim filed by January 19th. That means you need to act now, to protect your Rights. We have people that can Help You.
These types of businesses and their employees that are for the most part Excluded from the Settlement.
- Most Casino Type Institutions;
- Most Fund, Trust, and Banking Entities;
- Most Defense Contractors;
- Most Oil & Gas Industry Entities;
- Most Insurance Companies;
- Bodily Injury Claims;
- BP Shareholder Suits;
- Moratorium Loss Claims;
- Claims relating to Menhaden (or “pogy”) fishing, selling, processing, and harvesting;
Claims for Damages by Companies or Individuals for employment in the Financial, Insurance, Banking, Gaming, Oil & Gas, Defense Contractor industries, and Real Estate Development, as well as Entities selling or BP-branded fuel.
GCCF Denials and Stalled Claims
If you had filed with the GCCF and been denied or been stalled, there is still hope for your claim under the BP Settlement. For all of its flaws, and it still has a few, in this writers opinion it is a whole lot better then what the GCCF was under Mr. Feinberg. It is transparent, it has a clear methodology, and it is not arbitrary. The folks that run the DeepWater Horizon Settlement want to pay you, and many claims that were shunned by the GCCF are welcomed under the terms of the BP Settlement.
Multiple Store Locations
We have seen a tremendous growth in Companies with multiple stores, in multiple locations, making BP Settlement Claims with us as of late. These claims have a different parameters to meet, as they are often located in a number of different Settlement Zones, often with a Headquarters that is not located in any of the Settlement Zones. We have seen an influx of Real Estate Companies, Restaurants, and assorted other Franchises ask us for assistance, we have a separate Division specializing in assisting these entities.
We have had great success in getting VOO Claims through the system. We have even gotten them through after BP has appealed them. We have heard that BP is appealing them at a more frequent rate, and we can help you, we have gotten some through in as little as 2 weeks.
What will we See Next
Now this part is pure conjecture mixed with some facts, I am not an Attorney, but we are pretty involved in all of this, and I think we have a good read, and some inside track to what will happen next.
- The DeepWater Horizon Settlement Fund will pick up speed processing claims.
- More Staff will be hired to necessitate the above.
- More Individuals will begin to see their claims get Paid.
- More Claimants will come to the Table.
- Some Latitude will be given to the Appeals Division for NAICS code issues
The BPClaims.org Network
I am so proud of all of the people that make up our Internal Staff, I have never met a group of people that really put the Claimants welfare at such a high paramount. It is all working as intended, and this could not be done without your continued vigilance on the claimants behalf, and the compassion that you all have displayed over the last couple of years. As we have begun to add more staff, and create different Divisions, I am sure this trend will continue.
Partners within the Network have all displayed similar characteristics, and have been working 7 days a week to meet the Claimants needs.
We process your BP Settlement Claims for as little as 15% without using Attorneys, and slightly more if they are needed.
BP Settlement Opt Out Date may Change
Well it looks like the BP Settlement Opt Out date could quite possibly change once again, I have been hearing about this for the last week. Its beginning to sound more and more real. We are hearing January or even March, I do not believe this will effect the pace of BP Claims getting settled, I believe we will actually see an acceleration.
With some Attorneys beating the drum to opt out, and do it now or else face the consequences, the BP Settlement Fund with the Help of Judge Barbier could seriously be doing everyone a huge favor by extending the deadline once again, and they should.
Do Not Opt Out, not yet anyway
Now once again I am not a lawyer, this is by no means legal advice, but give the BP Settlement and the people running it a chance. This is not the GCCF, they are about as far apart from the Feinberg Regime as they can be.
If you want to consider Opting Out do it around Mid October if the date hasn`t changed. Those of you with serious medical claims, and others such as seafood processors may also want to consider it. There are some groups that just don`t belong in the BP Settlement unless a few things change, but that`s a topic for another blog.
The BP Settlement is Paying Out
There has been a dramatic shift since September 17th, We have seen offers and claims go into review at an accelerated pace We have seen people that were originally naysayers become believers, just visit our Facebook page. I have taken a very deep and personal interest in it. The BP Settlement Bus has left the Building.
The Leadership of the BP Settlement has one goal in mind.
They want to Pay You, as long as your claim is valid
They are in the midst of being much more hands on, and putting everybody on notice that is not on board with the new regime. They also need cooperation, they need the PSC and BP to get on the same page and stay there, they need some flexibility so they can make decisions that will help them get the job done, and they need to stop dodging bullets from Prominent Attorneys and Officials, give Pat Juneau and David Duval a chance, and if you can help clear the road for them, do so.
Most of all they need their Processors specifically One in particular to step it up, there has been a lot of information that has crossed my desk and others lately, and their methodology has raised a lot of eyebrows.
The process has unequivocally been stalled by them, and guess what everyone know`s that now, and I mean everyone. The depth of their inability and hiring practices have been disclosed, and there is more, oh so much more.
If companies involved in this continue to place profit before the people, there is going to be an uprising, and the BP Settlement Fund will be looking for another processor. Bet on it.
The BP Settlement needs Your Help
If you are reading this blog, and can in any way help things move a long do it. There are far too many people trying to throw monkey wrenches at this, instead of looking at this as an opportunity for self gain, look at this an opportunity to forward this part of the BP Settlement along.
There will be other aspects of this Settlement that need to be addressed, such as Quick Pays, figuring in 2011 numbers, possibly 2012 numbers, and so much more. Lets just get on the same page, put some effort behind what we now have to work with, and address these and other issues as we can.
The BP Settlement is not one size fits all, but if we all pitch in together we can probably help a heck of a lot more people, and isn`t that what this is really all about. The Deepwater Horizon Settlement is a heck of a way to get a whole lot of people paid, and get them paid now.
If you need Help With Your BP Settlement We Will Help You.
We will Help You with your BP Settlement and Beyond.
We get BP Settlement Claims Paid starting at 15%.